Secret Ballot Protection Act

The "Secret Ballot Protection Act" seeks to amend the National Labor Relations Act, ensuring that employees' right to choose or reject union representation is exclusively exercised through a secret ballot election conducted by the National Labor Relations Board. Congress finds that this method is crucial for guaranteeing a choice free of coercion, intimidation, or irregularity, thereby preserving fundamental democratic rights in the workplace. This legislation aims to prevent the recognition of labor organizations through private agreements, which it argues threatens employee choice. Specifically, the bill amends Section 8(a)(2) of the NLRA to make it an unfair labor practice for an employer to recognize or bargain with a union not selected via a Board-conducted secret ballot election. It similarly amends Section 8(b) to prohibit labor organizations from causing employers to recognize them without such an election. Furthermore, Section 9(a) is modified to explicitly require a secret ballot election for the designation of a representative and for decertification, though these changes do not apply to existing collective bargaining relationships. The National Labor Relations Board is also directed to revise its regulations within six months to implement these new requirements.